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STORY: ICTY / GOTOVINA AND MARKAÈ ACQUITTAL
TRT: 2.00
SOURCE: UNTV
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS
DATELINE: 16 NOVEMBER 2012, THE HAGUE, NETHERLANDS
1. Wide shot, Court
2. Med shot, Ante Gotovina
3. SOUNDBITE (English) Theodor Meron, Presiding Judge International Criminal Tribunal for the former Yugoslavia, composed of (ICTY):
“The Appeals Chamber reverses, Judge Agius and Judge Pocar dissenting, Ante Gotovina’s convictions for persecution, deportation, murder, and inhumane acts as crimes against humanity, and of plunder of public and private property, wanton destruction, murder, and cruel treatment as violations of the laws or customs of war; and enters, Judge Agius and Judge Pocar dissenting, a verdict of acquittal.”
4. Med shot, Ante Gotovina and Mladen Markač’s
5. SOUNDBITE (English) Theodor Meron, Presiding Judge International Criminal Tribunal for the former Yugoslavia, composed of (ICTY):
“Grants, Judge Agius and Judge Pocar dissenting, Mladen Markač’s First and Second
Grounds of Appeal, in part; reverses, Judge Agius and Judge Pocar dissenting, Mladen
Markač’s convictions for persecution, deportation, murder, and inhumane acts as crimes against humanity, and of plunder of public and private property, wanton destruction, murder, and cruel treatment as violations of the laws or customs of war; and enters, Judge Agius and Judge Pocar dissenting, a verdict of acquittal under Counts 1, 2, 4, 5, 6, 7, 8, and 9 of the Indictment.”
6. Med shot, Ante Gotovina and Mladen Markač’s being congratulated
The Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, today (16 November) reversed by majority, Ante Gotovina’s and Mladen Markač’s convictions for crimes against humanity and violations of the laws or customs of war and entered verdicts of acquittal.
On 15 April 2011, Trial Chamber I found Gotovina and Markač guilty of committing crimes against humanity and violations of the laws or customs of war from July to September 1995 by participating in a joint criminal enterprise to permanently and forcibly remove the Serb civilian population from the Krajina region of Croatia. Gotovina was sentenced to 24 years of imprisonment, and Markač was sentenced to 18 years of imprisonment.
The Appeals Chamber unanimously found that the Trial Chamber erred in concluding that all artillery impact sites located more than 200 metres from a target deemed legitimate served as evidence of unlawful attacks against towns in the Krajina region of Croatia.
A majority of the Appeals Chamber further concluded that the Trial Chamber erred in finding that artillery attacks ordered by Gotovina and Markač were unlawful. The majority also held that the Trial Chamber erred in finding the existence of a joint criminal enterprise whose purpose was the permanent and forcible removal of Serb civilians from the Krajina region.
Accordingly, the majority reversed all of Gotovina’s and Markač’s convictions. The majority also declined to enter convictions against Gotovina and Markač on the basis of alternate modes of liability. The Appeals Chamber ordered the immediate release of Gotovina and Markač.
Gotovina was a Colonel General of the Croatian Army (HV). In 1995, he served as the commander of the HV’s Split Military District and as the overall operational commander of a military offensive known as “Operation Storm” in the southern portion of the Krajina region. He was arrested in Spain on 7 December 2005 and transferred to the Tribunal on 10 December 2005.
Markač was the Assistant Minister of the Interior and Operation Commander of the Special Police in Croatia in 1995. He surrendered to the Tribunal on 11 March 2004.
